State v. Kemper, Unpublished Decision (12-22-1997)
State v. Kemper, Unpublished Decision (12-22-1997)
Opinion of the Court
OPINION
Defendant-appellant, Richard A. Kemper, appeals his conviction for obstructing official business in violation of R.C.On the evening of June 28, 1996, Union Township Police Detective Michael McMillan stopped John McCoy in the foyer of the Rumors nightclub to question him about unruly conduct the detective had observed. Kemper, whose wife is the owner of Rumors, entered the foyer and placed himself between McMillan and McCoy. McMillan, holding McCoy with one hand, and keeping Kemper at bay with the other, backed away from Kemper to the corner of the foyer. For about five minutes, McMillan repeatedly told Kemper to "back off." At one point, Kemper replied, "you back off, asshole." A Rumors employee finally pulled Kemper from the foyer. McMillan subsequently finished questioning McCoy outside the nightclub and arrested him. Kemper denied any physical contact with the police, and testified that his sole purpose for remaining in the foyer was to "make it possible * * * for [McCoy] to have legal counsel."
Harold Torrens of the Ohio Department of Public Safety subsequently cited Kemper for obstructing an inspection of a liquor permit premises in violation of R.C.
On appeal, Kemper claims that there is insufficient evidence to support his conviction. This court disagrees.
"An appellate court's function when reviewing the sufficiency of the evidence to support a criminal conviction is to examine whether such evidence, if believed, would convince the average mind of the defendant's guilt beyond a reasonable doubt." State v. Jenks (1991),
R.C.
After reviewing the state's evidence, this court is convinced that there was sufficient evidence that Kemper acted with a purpose to obstruct, and that he did in fact obstruct Detective McMillan from performing his official duties. Kemper's single assignment of error is overruled.
KOEHLER and WALSH, JJ., concur.
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